People v. Edwards
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant failed to preserve for appellate review his contention that the trial court failed to properly admonish the jurors when it released them prior to their overnight recess (see CPL 270.40, 310.10 [2]; People v Bonaparte, 78 NY2d 26, 32 [1991]; People v Williams, 46 AD3d 585 [2007]; People v Lumpkin, 39 AD3d 671 [2007]; People v Taylor, 29 AD3d 713 [2006]). “Contrary to the defendant’s contention, the failure to give an instruction pursuant to CPL 270.40 and 310.10 is not a mode of proceedings error that need not be preserved (see People v Bonaparte, 78 NY2d at 31 n; People v Kelly,…
2Cases cited10 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BonaparteNew York Court of Appeals · 1991
- People v. EllisNew York Court of Appeals · 1993
- People v. KellyNew York Court of Appeals · 2005
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by8 opinions
- People v. ElwoodAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PrinceAppellate Division of the Supreme Court of the State of New York · 2015
- People v. IrbyAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MayAppellate Division of the Supreme Court of the State of New York · 2016
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2012
3 more not listed; retrieve them via the Exa API.